Traditional Culture Encyclopedia - Hotel accommodation - Divorce requires the court to check hotel records.

Divorce requires the court to check hotel records.

The parties can indeed ask the court to inquire about each other's hotel records, but this usually needs to meet certain conditions and provide sufficient reasons. The court will decide whether to grant this request according to the actual situation of the case and relevant laws and regulations.

First, evidence collection in divorce proceedings.

In divorce proceedings, in order to prove that the relationship between husband and wife has indeed broken down or that the other party is at fault, the parties usually need to collect all kinds of evidence. This evidence may include correspondence records, financial records and living habits. Hotel records, as evidence of living habits, may sometimes be used by the parties to prove the other party's infidelity or other improper behavior.

Second, request the court to inquire about the conditions of hotel records.

When one party requests the court to inquire about the other party's hotel records, it usually needs to meet the following conditions:

1. Provide preliminary evidence: the parties need to provide preliminary evidence to the court to prove that the other party may have unfaithful behavior or other improper behavior, which is related to hotel records.

2. Sufficient reasons: the parties need to explain the necessity of inquiring about hotel records and the importance of these records to prove the facts of the case.

3. Abide by the law: inquiring about hotel records involves personal privacy, and the parties concerned must abide by relevant laws and regulations and shall not infringe upon the legitimate rights and interests of the other party.

Third, the court's review of the request for inquiry.

The court will review the hotel records after receiving the request of the parties. The contents of the review mainly include:

1. Whether the request is legal: the court will examine whether the request of the parties is in compliance with the law and whether it infringes on the legitimate rights and interests of the other party.

2. Whether the reasons are sufficient: the court will assess whether the reasons provided by the parties are sufficient and whether inquiring about the hotel records is of practical help to prove the facts of the case.

3. Is there any other alternative evidence: The court will consider whether there is any other evidence that can replace the hotel records and the probative force of these evidences.

Fourth, the processing of query results

If the court agrees to check the hotel records, the results will be used as evidence in divorce proceedings. Based on the inquiry results and other evidence, the court will comprehensively judge whether the relationship between husband and wife has indeed broken down and whether there is any wrong behavior.

To sum up:

In divorce proceedings, the parties can ask the court to inquire about the other party's hotel records, but they need to meet certain conditions and provide sufficient reasons. The court will review the inquiry request according to the actual situation and relevant laws and regulations and decide whether to agree or not. At the same time, when collecting evidence, the parties concerned should abide by the law and respect the legitimate rights and interests of the other party.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 64 provides that:

"The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures. "

the marriage law of the people's republic of china

Article 32 provides that:

"If a man or a woman asks for a divorce, the relevant departments may mediate or file a divorce lawsuit directly with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. "